Conclusion Meanings:
'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.
Further details on conclusion definitions.
Andre, Billy vs City of New York, et al.
Case # 14CV04973,
U.S. District Court - Eastern District NY, September 4, 2014, ended February 7, 2017
$37,500 Settlement
Complaint,
Amended Complaint
Description: On February 1, 2014, plaintiff Billy Andre was working inside of a barber shop when he was approached by several uniformed and plainclothes members of the NYPD. After Andre confirmed his identity, the officers asked him to place his hands behind his back, and without providing reason for the arrest, immediately took him to ground. Defendant officer Tracey Duncan began to beat Andre with a police baton about the head, legs and body. Defendant officer Luis Machado was present on the scene and stated to the officer striking Andre that “I have the defendant under control.” Defendant officer Christine Damico was also present and failed to intervene in Duncan’s actions.
The officers lacked justification, probabl...